Condo Media - January 2010 - 40

LEGAL by Janet Aronson, Esq. Cut That Out! Homeowner Associations Must Define Harassment and Find Ways to Prevent It he condominium association’s board of directors has just approved a large special assessment to finance the replacement of an aging heating and cooling system, and owners are not pleased, to say the least. But one owner in particular is infuriated by the decision. He shouts obscenities at the board during the meeting and continues to hurl insults at the board president after the session ends, blocking the door as the president tries to leave the room. He repeats those insults and some new ones loudly every time he sees the president, sends him countless unflattering e-mails, suggesting, among other things, that a bedpan (to whom he compares the president unfavorably) could do a better job of managing the association’s affairs. Four months after the assessment meeting, these verbal assaults are still continuing. Is this an example of exceptionally boorish behavior that the president should ignore? Or do this angry owner’s actions constitute a form of harassment, which the board president can and should take steps to address? As with many legal questions, the answer is not entirely clear-cut, depending in part on the circumstances and in part on the personalities of the individuals involved. Many board members would almost certainly feel harassed by the behavior described here, while others might find it merely annoying. Defining the point at which annoying behavior becomes harassing or abusive T isn’t easy, but it is important, because harassment is a significant and growing problem in community associations. We deal with several such complaints every year in which owners are accused of harassing board members, man- Defining the Term Before associations can deal with harassment, they first have to define it, and then make it clear that harassing behavior, however defined, will not be tolerated. Black’s Law Dictionary provides a starting point, defining harassment as “words, gestures, or actions which tend to annoy, alarm or abuse another person.” To annoy, Black’s suggests, is “to disturb, irritate” or “cause discomfort,” while abuse consists of “insulting, hurtful or offensive wrongs or acts.” Building on that definition, homeowner associations can turn to their covenants, which typically guarantee owners the right to the “quiet enjoyment” of their homes. That doesn’t mean the freedom from noise, but rather the right to live in the community without being annoyed, harassed or otherwise interfered with by others. Communities should amend their covenants to specify that harassing or abusive behavior is not allowed. The language can be simple, as in this model clause: “Members and other residents shall not engage in any abusive or harassing behavior, either verbal or physical, or any form of intimidation or aggression directed at other members, residents, guests, occupants, invitees or directed at management, its agents, its employees or vendors.” The language still leaves room for debate about the point at which annoying behavior becomes abusive or a strong expression of opinion becomes intimidating, but it is a place to start and a basis for taking action agers, maintenance staff, vendors and sometimes other owners. And virtually every association has at least one member, if not more, who habitually interrupts meetings with angry and endless harangues that often have little or nothing to do with the issues at hand. This isn’t a community association problem per se; it is a societal problem that community associations, which are after all microcosms of society, reflect. Human interactions in all areas have become less civilized. People are more inclined to shout their disagreements and less inclined to discuss them; they are more demanding and insistent on having their way and less tolerant of people who don’t give them what they want or think they are entitled to have. The psychologists can analyze the causes — homeowner associations must deal with the results. CONDO MEDIA • JANUARY 2010

Condo Media - January 2010

Table of Contents for the Digital Edition of Condo Media - January 2010